Florida Statute 910.03 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 910
JURISDICTION AND VENUE

View Entire Chapter

F.S. 910.03

910.03 Place of trial generally.—

(1) Except as provided in s. 910.035 or in subsection (2), criminal prosecutions shall be tried in the county where the offense was committed; but if the county is not known, the accused may be charged in two or more counties conjunctively, and before trial the accused may elect the county in which he or she will be tried. By his or her election, the accused waives the right to trial in the county in which the crime was committed. Such election shall have the force and effect of the granting of an application of the accused for change of venue from the county in which the offense was committed to the county in which the case is tried.

(2) After a court orders a change of venue and in order to protect the defendant’s due process rights, the court, upon a motion of any party, shall give priority to any county which closely resembles the demographic composition of the county wherein the original venue would lie.

(3) If a court finds that a fair and impartial jury cannot be impaneled in the county where the offense was committed, and the court determines that once a jury is selected it shall be sequestered, the court on its own motion, or upon a motion of any party, may elect to select a jury from a county other than where the offense was committed. The selection of the alternative county will be governed by the requirements of subsection (2). Upon completion of jury selection, the jury shall be brought for trial to the county where the offense was committed.

History.—s. 162, ch. 19554, 1939; CGL 1940 Supp. 8663(169); s. 75, ch. 70-339; s. 2, ch. 72-45; s. 1, ch. 93-225; s. 1, ch. 94-184; s. 1513, ch. 97-102.

F.S. 910.03 on Google Scholar

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Amendments to 910.03

Arrestable Offenses / Crimes under Fla. Stat. 910.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 910.03.

Annotations, Discussions, Cases:

Cases Citing Statute 910.03

Total Results: 20

In Re: Judicial Circuit Assessment

Court: Fla. | Date Filed: 2023-12-21T00:00:00-08:00

Snippet: and persons 112 See, e.g., §§ 47.011, 47.021, 910.03, Fla. Stat (2023). …already invested 119 See, e.g., §§ 47.011, 47.021, 910.03, Fla. Stat (2023).

ROY ALLEN STEPHENS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-20T00:53:00-07:00

Snippet: elected venue in Hamilton County pursuant to section 910.03(1), Florida Statutes (2016), and article I, section

State v. Losada

Court: Fla. Dist. Ct. App. | Date Filed: 2012-06-13T00:00:00-07:00

Citation: 89 So. 3d 1104, 2012 WL 2120864, 2012 Fla. App. LEXIS 9477

Snippet: Miami-Dade County charges. LEGAL ANALYSIS Section 910.03(1), Florida Statutes (2011), provides that “Except… the county in which he or she will be tried. § 910.03(1); see also Art. I, § 16(a), Fla. Const, (providing… the defendant may request a change in venue. § 910.03(3). If a defendant has criminal charges in one

State v. Kotecki

Court: Fla. Dist. Ct. App. | Date Filed: 2012-03-09T00:00:00-08:00

Citation: 82 So. 3d 1150, 2012 Fla. App. LEXIS 3788, 2012 WL 751955

Snippet: (emphasis added). A different statute, section 910.03, Florida Statutes (2010), covers venue in criminal…if this was where the crime was committed. See § 910.03(1) ("By his or her election, the accused waives

State v. Luis

Court: Fla. Dist. Ct. App. | Date Filed: 2007-02-07T00:00:00-08:00

Citation: 949 So. 2d 277, 2007 Fla. App. LEXIS 1426, 2007 WL 397193

Snippet: requirements of law resulting in irreparable harm. See § 910.03,. Fla. Stat. (2006); Fla. R.Crim. P. 3.151, 3.240

Stanek-Cousins v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2005-08-31T00:53:00-07:00

Citation: 912 So. 2d 43

Snippet: was decided, the legislature has amended sections 910.03 and 26.021 to expand the definition of territorial… what the trial judge had done in Kohut. See §§ 910.03(3), 26.021(21). 4D05-1129 District Court

State v. Matthews

Court: Fla. | Date Filed: 2004-12-22T23:53:00-08:00

Citation: 891 So. 2d 479

Snippet: the Fourth District. See Matthews, 687 So.2d at 910.[3] Subsequently, on August 26, 1997, Matthews entered

Chandler v. State

Court: Fla. | Date Filed: 2003-04-17T00:53:00-07:00

Citation: 848 So. 2d 1031

Snippet: Hillsborough County, Florida. Pursuant to section 910.03(1), Florida Statutes (1993), Chandler initially… jurors to Pinellas County for the trial. See § 910.03(3), Fla. Stat. (Supp.1994). Before hearing Chandler

Sailor v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-04-23T00:53:00-07:00

Citation: 733 So. 2d 1057

Snippet: transpired. The concurring opinion suggests section 910.03, Florida Statutes (1997), can be read as reflecting…venue over the defendant's objection. Section 910.03(1), Florida Statutes (1995) states in material …provision it was designed to implement, section 910.03(1), provides a clear and unambiguous statement …construction of the substantive provisions of section 910.03(1), Florida Statutes is supported by the statutory…the county where the crime was committed. Section 910.03(3), Florida Statutes (1995) states that "[

Leon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-18T00:00:00-07:00

Citation: 695 So. 2d 1265, 1997 Fla. App. LEXIS 6726, 1997 WL 330614

Snippet: those counties he will be tried.” Moreover, section 910.03, Florida Statutes (1995), adds to the constitutional…to have alleged, as the constitution and section 910.03 plainly permit, that the crime occurred in “Okeechobee…of venue, he had a complete remedy under section 910.03 by merely filing an election of Martin County. …its contention that the constitution and section 910.03(1) save its conjunctive choice of Okeechobee and

Warner v. Warner

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-25T00:00:00-07:00

Citation: 692 So. 2d 266

Snippet: trial court set child support arrearages at $11,910.03. Following the dissolution hearing, the trial court

State v. Stephens

Court: Fla. Dist. Ct. App. | Date Filed: 1992-11-13T00:00:00-08:00

Citation: 608 So. 2d 905, 1992 Fla. App. LEXIS 11448, 1992 WL 332655

Snippet: , 488 So.2d 653 (Fla. 1st DCA1986). . Section 910.03 would have authorized this trial in Seminole County…Seminole County. The problem with relying on section 910.03 is that the information in this case did not allege

State v. Stephens

Court: Fla. Dist. Ct. App. | Date Filed: 1991-10-17T00:53:00-07:00

Citation: 586 So. 2d 1073

Snippet: 488 So.2d 653 (Fla. 1st DCA 1986). [13] Section 910.03 would have authorized this trial in Seminole County…Seminole County. The problem with relying on section 910.03 is that the information in this case did not allege

Martin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1986-05-16T00:00:00-07:00

Citation: 488 So. 2d 653, 11 Fla. L. Weekly 1146, 1986 Fla. App. LEXIS 7854

Snippet: which he will be tried, as provided in s. 910.03. Section 910.03, Florida Statutes, states: Except as provided…his choice is guaranteed by Sections 910.02 and 910.03, Florida Statutes, and by Article I, Section 16…County, petitioner argues that Sections 910.02 and 910.03, Florida Statutes, and Article I, Section 16 of…The petitioner’s reliance on sections 910.02 and 910.03 and on Article I, Section 16 of the Florida Constitution

Daniel v. Canterbury Towers, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-01-29T23:53:00-08:00

Citation: 462 So. 2d 497

Snippet: $5,675,910 $3,341,563 1981 $5,675,910 $3,930,575 Appellee

State v. Katz

Court: Fla. Dist. Ct. App. | Date Filed: 1982-07-07T00:53:00-07:00

Citation: 417 So. 2d 716

Snippet: trial court also relied on Sections 910.02 and 910.03, Florida Statutes (1981). These statutes, however

Riggs v. Saltmarsh, Cleaveland and Gund

Court: Fla. Dist. Ct. App. | Date Filed: 1977-01-24T23:53:00-08:00

Citation: 341 So. 2d 818

Snippet: Chastain Construction, Inc. v. Pratt, 146 So.2d 910 (3 Fla.App. 1962). DD-313 District Court

Crittendon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1976-10-11T00:53:00-07:00

Citation: 338 So. 2d 1088

Snippet: will be tried." Art. I, § 16, Fla. Const.; § 910.03, F.S. 1975. The State, pointing to evidence that

Bradberry v. Atlantic Bank of St. Augustine

Court: Fla. Dist. Ct. App. | Date Filed: 1976-09-16T00:00:00-07:00

Citation: 336 So. 2d 1248, 1976 Fla. App. LEXIS 15443

Snippet: Dee, 2 Ch.Cas. 200, 22 Eng.Rep. (Full Reprint) 910; 3 Jones on Mortgages (8th Ed.) § 2210, page 726.”

Murphy v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1971-09-21T00:00:00-07:00

Citation: 252 So. 2d 385, 1971 Fla. App. LEXIS 6011

Snippet: reason supports such a contention. Florida Statute § 910.03, F.S.A. provides that criminal prosecutions shall